LETTER: AG's opinion

Friday

Sep 30, 2011 at 6:50 PM

To members of the Alabama law enforcement community, firefighters and first responders:There has been much misinformation and confusion over an attorney general’s opinion my office recently issued on the subject of how retirement income is calculated. I thought it might be helpful for me to provide you with the facts regarding the opinion.

To members of the Alabama law enforcement community, firefighters and first responders:There has been much misinformation and confusion over an attorney general’s opinion my office recently issued on the subject of how retirement income is calculated. I thought it might be helpful for me to provide you with the facts regarding the opinion.Our office is required by law to issue opinions when requested by certain state officials. In this case, the State Personnel Board and the comptroller requested an opinion addressing overtime pay as it applies to the calculation of retirement benefits for state employees. We base our opinions purely on the law and without regard to the political fallout.As the law is written, overtime and subsistence payments may not be used for retirement calculation purposes. This change is effective Sept. 1, 2011, going forward.Employees who already have received retirement credit for previous overtime and subsistence contributions will not lose this credit.You can find a memo from the State Personnel Board that explains the effects of the opinion in more detail by visiting the board’s website at www.personnel.alabama.gov. The laws of Alabama are passed by the Legislature, and only the Legislature has the power to change them. That is why I am working to have the law changed as soon as possible. You can help in this effort by contacting your state legislators to urge them to work with me to fix this problem.You can find your state representative by calling 334-242-7600, and your state senator by calling 334-242-7800.You also may visit the official website of the Alabama State Legislature http://www.legislature.state.al.us.Thank you for your service. Luther StrangeAttorney general, Alabama

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